A regular reader of this column writes: "I am a 40-year-old male trying to divorce my wife. An application for divorce was made through a law firm. My wife did not file a reply but only a receipt of the petition at the court offices. This she did herself.
Increase in maintenance
"Now, months into the procedure she gets a lawyer to file for an increase in maintenance for our two daughters. She presently gets $12,000 per month plus I have moved out of the house. I am now living between work and my mother's house in the country. I am finding it very hard to survive as I can't even afford a place to live. All I want to do is carry on my life as best as possible.
Making my life miserable
She keeps calling and threat-ening to take me back to court if I do not do whatever she asks and its making my life miserable. What rights do I have? I can't even go back to take out my furniture from the house."
It is unfortunate that your wife is making your life so miserable. However, both parents are in law, liable for the maintenance of their children who are minors or up to age 21, if the child is attending a tertiary institution. If you are unable to pay the maintenance agreed you must take the matter to court and ask the court to reduce the amount previously agreed on or ordered by the court. You may even ask the court to make orders to prevent your wife from calling and threatening you. A clerk of court or lawyer may help, should you have problems going forward.
Keith N. Bishop is an Attorney-at-Law and partner in the law firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com.
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